| Case ID |
388f10a3-2d1e-487a-8e42-5623c083ac0d |
| Body |
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| Case Number |
Special Criminal Anti-Terrorism Appeals Nos. 85 an |
| Decision Date |
Apr 07, 2020 |
| Hearing Date |
Mar 30, 2020 |
| Decision |
The appeal against the conviction of Sarfraz alias Bhoora was allowed. The court found that the prosecution had not proved beyond a reasonable doubt that the appellant was involved in the kidnapping or the encounter with the police. The FIR did not name the appellant, and the evidence presented was insufficient to establish his guilt. As such, he was acquitted of all charges and the impugned judgment was set aside, allowing for his release unless he was wanted in any other case. |
| Summary |
In the case of Sarfraz alias Bhoora vs The State, the Sindh High Court reviewed the convictions related to kidnapping and attempted murder. The court emphasized the principle that the prosecution must prove its case beyond a reasonable doubt. The judgment highlighted that the accused was not named in the FIR, and key witnesses failed to identify him as the perpetrator. The evidence, including the absence of ransom demand and lack of eyewitness testimony linking the appellant to the crime, led to a decision to extend the benefit of the doubt to the accused. This case underscores the importance of credible evidence in criminal proceedings and the rights of the accused under the law. The court's ruling reflects a commitment to uphold justice, ensuring that individuals are not wrongfully convicted based on insufficient evidence. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD KARIM KHAN AGHA,
ZULFIQAR ALI SANGI
|
| Lawyers |
Hasan Feroz,
Shah Imroze Khan,
Saleem Akhtar Buriro
|
| Petitioners |
SARFRAZ ALIAS BHOORA
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 1487,
2021 YLR 836
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Anti Terrorism Act, 1997
|
| Sections |
365-A,
353,
324,
186,
34,
7
|